The U.S. Food and Drug Administration (FDA) recognizes the National Shellfish Sanitation Program (NSSP); New Jersey (NJ) participates in the NSSP as a shellfish producing, receiving, and shipping state. FDA found NJ’s Shellfish Program in non-conformance with the NSSP Model Ordinance in the 2014 Annual Program Evaluation Report (APER) of the State of New Jersey’s Shellfish Program. The non-conformance was in two areas: 1) FDA identified that NJ does not have adequate statutes/regulations to require necessary permits to perform various aquaculture activities and 2) FDA recognized that NJ has not developed, and provided to the public, a training program on the public health and safety implications of certain practices for shellfish harvesters (DEP) and certified dealers (DOH). The Department is proposing amendments, repeals, and new rules to the Shellfish Growing Water Classification rules, N.J.A.C. 7:12, to bring NJ into conformance with current NSSP standards, add new permits for various growing and harvesting activities (including aquaculture), amend and update existing permits, modify the delineations of the various classification of the State’s shellfish growing waters to reflect the most current sanitary water quality testing data, and update and streamline the rules generally. To cover the interim period prior to rule adoption the Department has drafted an Administrative Order to address the major concerns of FDA highlighted in the 2014 APER.

Public Notice of the Suspension of Harvest from Shellfish Beds Dangerous to Health
Navesink River, Upper Barnegat Bay, and Ludlam Bay

In accordance with N.J.S.A. 58:24-1, the Department has inspected places within the jurisdiction of the State from which oysters, clams or other shellfish are taken to be distributed or sold for use as food, for the purpose of ascertaining the sanitary conditions of such oyster and clam beds and other places. As a result of those inspections, the Department has determined that certain waters do not meet the standards for their classification as "Approved" and "Special Restricted" set forth in the Shellfish Growing Water Classification rules at N.J.A.C. 7:12. Accordingly, pursuant to N.J.A.C. 7:12- 1.5(b) and the statutory authority granted the Department of Environmental Protection at N.J.S.A. 58:24-2 to ensure that the public health is not at risk from the consumption of shellfish that may have been subjected to pollution or other condition that may render the shellfish dangerous to health, the Department, as of 1/9/15, suspends the harvest of shellfish from the following waters:

Public Notice of the Suspension of Harvest from Shellfish Beds Dangerous to Health, Delaware Bay

In accordance with N.J.S.A. 58:24-1, the Department has inspected places within the jurisdiction of the State from which oysters, clams or other shellfish are taken to be distributed or sold for use as food, for the purpose of ascertaining the sanitary conditions of such oyster and clam beds and other places. As a result of those inspections, the Department has determined that certain waters, variously classified as Approved, Seasonally Approved, and Special Restricted, may be affected by discharges of untreated waste from compromised sewage holding tanks in the Delaware Bay coastal communities of Gandy's Beach and Money Island. Data suggest that the holding tanks have impacted near shore water quality and present a public health concern.

The Department has determined that the discharges constitute an intermittent pollution episode that may have a deleterious impact on public health. Accordingly, pursuant to N.J.A.C. 7:12- 1.5(a) and the statutory authority granted the Department of Environmental Protection at N.J.S.A. 58:24-2 to ensure that the public health is not at risk from the consumption of shellfish that may have been subjected to pollution or other condition that may render the shellfish dangerous to health, the Department, as of 12/10/14, suspends the harvest of shellfish from the following waters:

Pursuant to the authority at N.J.S.A. 13:1D-1 et seq. and N.J.S.A. 50:1-5, the Commissioner of the New Jersey Department of Environmental Protection (NJDEP) has prohibited the commercial shellfish harvest, specifically the taking of more than 150 clams per day by any person, within the Sedge Islands Conservation Zone (SICZ), effective immediately.

In accordance with N.J.S.A. 58:24-1, the Department has inspected places within the jurisdiction of the State from which oysters, clams or other shellfish are taken to be distributed or sold for use as food, for the purpose of ascertaining the sanitary conditions of such oyster and clam beds and other places. As a result of those inspections, the Department has determined that certain waters do not meet the standards for their classification as “Approved” set forth in the Shellfish Growing Water Classification rules at N.J.A.C. 7:12. Accordingly, pursuant to N.J.A.C. 7:12-1.5(b) and the statutory authority granted the Department of Environmental Protection at N.J.S.A. 58:24-2 to ensure that the public health is not at risk from the consumption of shellfish that may have been subjected to pollution or other condition that may render the shellfish dangerous to health, this area will be suspended for shellfish harvest as of May 7, 2014:

The Department has determined that certain waters do not meet the standards for their classification as “Special Restricted” set forth in the Shellfish Growing Water Classification rules at N.J.A.C. 7:12-3. Accordingly, pursuant to N.J.A.C. 7:12-1.5(b) and the statutory authority granted the Department of Environmental Protection at N.J.S.A. 58:24-2, to ensure that the public health is not at risk from the consumption of shellfish that may have been subjected to pollution or other condition that may render the shellfish dangerous to health, these areas will be suspended for shellfish harvest as of April 9, 2014.

Pursuant to statutory authority granted to the Department of Environmental Protection at N.J.S.A 58:24-2, and to ensure that the public health is not at risk from the consumption of shellfish that may have been subjected to pollution or other condition that may render the shellfish dangerous to health, by Administrative Order 2013-08 signed on July 19,2013, the Department suspended the oyster harvest from Shell Rock oyster beds in New Jersey waters of Delaware Bay as a result of two (2) illnesses from the naturally occurring pathogen Vibrio parahaemolyticus.

Based on the results of analysis of shellfish tissue samples, the lack of additional reported illnesses, and changes in environmental factors such that the waters of the Shell Rock oyster beds are less advantageous to the growth of Vibrio parahaemolyticus, the Department has determined, in consultation with U.S. Food and Drug Administration, that shellfish from the Shell Rock oyster beds in the New Jersey waters of the Delaware Bay are now safe for harvesting in accordance with Shellfish Growing Water Classification rules at N.J.A.C. 7:12.

Accordingly, the Department hereby reopens the oyster harvest within Shell Rock oyster beds and the area affected by the suspension as delineated on the map, effective immediately.

Pursuant to statutory authority granted to the Department of Environmental Protection at N.J.S.A 58:24-2, and to ensure that the public health is not at risk from the consumption of shellfish that may have been subjected to pollution or other condition that may render the shellfish dangerous to health, the Department is suspending the oyster harvest from Shell Rock oyster beds in the New Jersey waters of Delaware Bay effective immediately. It shall be unlawful for any person, firm, or corporation to harvest shellfish from this area for any purpose. The Department is suspending oyster harvest from these waters as a result of two illnesses from the naturally occurring pathogen Vibrio parahaemolyticus attributed to this growing area.

The delineation of Shell Rock oyster beds and the area affected by the suspension of harvest is available here.

Full Re-Opening of Waters to Shellfish Harvest, effective Moday 4/15/2013 (includes the waters of Raritan Bay)

Pursuant to statutory authority granted to the Department of Environmental Protection at N.J.S.A 58:24-2, and to ensure that the public health is not at risk from the consumption of shellfish that may have been subjected to pollution or other condition that may render the shellfish dangerous to health, by Administrative Order 2012-10a signed by me on October 26, 2012, effective immediately after sunrise on October 29, 2012, the Department closed all waters of the State to shellfish harvest because of potentially degraded water quality resulting from Hurricane Sandy.

The Department has determined, through monitoring of water quality and analysis of shellfish tissue that the coastal waters of New Jersey are now safe for the harvesting of certain shellfish, as specified below, in accordance with the Shellfish Growing Water Classification rules at N.J.AC. 7:12.

Accordingly, the Department hereby:

Returns the following waters to their prior classification and opens them to all shellfishing effective at sunrise (6:24am) on April 12, 2013:

All of the New Jersey State waters within Barnegat Bay.

Returns all waters of the State of New Jersey to their prior classification and opens them to all shellfishing effective at sunrise (6:10am) on April 15, 2013.

Administrative Order Number 2012-10a signed by by the DEP Commissioner on October 26, 2012, and all previous Administrative Orders or portions thereof that are inconsistent with this Order, are hereby superseded and repealed.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

Pursuant to statutory authority granted to the Department of Environmental Protection at N.J.S.A 58:24-2, and to ensure that the public health is not at risk from the consumption of shellfish that may have been subjected to pollution or other condition that may render the shellfish dangerous to health, by Administrative Order 2012-10a signed by the DEP Commissioner on October 26, 2012, effective immediately after sunrise on October 29, 2012, the Department closed all waters of the State to shellfish harvest because of potentially degraded water quality resulting from Hurricane Sandy.

The Department has determined, through monitoring of water quality and analysis of shellfish tissue, that the coastal waters of the Barnegat Bay described below are now safe for the harvesting of certain shellfish in accordance with the Shellfish Growing Water Classification rules at N.J.AC. 7:12.

Accordingly, the Department hereby:

Returns the following waters to their prior classification for shellfishing:

All of the New Jersey State waters within Barnegat Bay south of a line crossing the bay starting at the mouth of the Oyster Creek
(-74°10’13.06W 39°48’40.00N) to a point on Island Beach State Park
(-74°05’48.66W 39°48’40.00N) to a line crossing the bay starting at the end of Tuscarora Ave (74°11'29.69"W / 39°46'01.68"N) to a point at Barnegat Inlet (lighthouse) (74°06'16.51"W / 39°45'52.60"N). See the map.

Returns the following waters to their prior classification and reopens them for oyster harvesting only:

All of the New Jersey State waters within Barnegat Bay south of a line crossing the bay starting at the southern point of the mouth of Thompsons Creek (74°18'40.42"W / 39°35'46.02"N) to a point on Long Beach Island at the end of 5th St in Beach Haven (74°14'29.70"W / 39°34'04.70"N) to Little Egg Harbor Inlet . See the map.

Portions of Administrative Order Number 2012-10a signed by the DEP Commissioner on October 26, 2012, and all previous Administrative Orders or portions thereof that are inconsistent with this Order, are hereby superseded and repealed.

This Order shall take effect at sunrise (6:35 AM.) on April 5, 2013.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

Pursuant to statutory authority granted to the Department of Environmental Protection at N.J.S.A 58:24-2, and to ensure that the public health is not at risk from the consumption of shellfish that may have been subjected to pollution or other condition that may render the shellfish dangerous to health, by Administrative Order 2012-10a signed by me on October 26, 2012, effective immediately after sunrise on October 29, 2012, the Department closed all waters of the State to shellfish harvest because of potentially degraded water quality resulting from Hurricane Sandy.

The Department has determined, through monitoring of water quality and analysis of shellfish tissue, that the coastal waters of the Barnegat Bay described below are now safe for the harvesting of shellfish in accordance with the Shellfish Growing Water Classification rules at N.J.AC. 7:12.

Accordingly, the Department hereby reopens the following waters and returns them to their prior classification:

All of the New Jersey State waters within Barnegat Bay south of a line
crossing the bay starting at the end of Tuscarora Ave (74°11'29.69"W /
39°46'01.68"N) to a point at Barnegat Inlet (lighthouse)
(74°06'16.51"W / 39°45'52.60"N) to a line crossing the bay starting at the
southern point of the mouth of Thompsons Creek (74°18'40.42"W /
39°35'46.02"N) to a point on Long Beach Island at the end of 5th St in Beach
Haven (74°14'29.70"W / 39°34'04.70"N).

Portions of Administrative Order Number 2012-10a signed by the DEP Commissioner on October 26, 2012, and all previous Administrative Orders or portions thereof that are inconsistent with this Order, are hereby superseded and repealed.

This Order shall take effect at sunrise (6:46 AM.) on March 29, 2013.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

Pursuant to statutory authority granted to the Department of Environmental Protection at N.J.S.A 58:24-2, and to ensure that the public health is not at risk from the consumption of shellfish that may have been subjected to pollution or other condition that may render the shellfish dangerous to health, by Administrative Order 2012-10a signed by me on October 26, 2012, effective immediately after sunrise on October 29, 2012, the Department closed all waters of the State to shellfish harvest because of potentially degraded water quality resulting from Hurricane Sandy.

The Department has determined, through monitoring of water quality and analysis of shellfish tissue, that the coastal waters of the Barnegat Bay described below are now safe for the harvesting of shellfish in accordance with the Shellfish Growing Water Classification rules at N.J.AC. 7:12.

Accordingly, the Department hereby reopens the following waters and returns them to their prior classification:

All of the New Jersey State waters within Barnegat Bay south of the Route 37 bridge to a line crossing the bay starting at the mouth of the Oyster Creek
(-74°10’13.06W 39°48’40.00N) to a point on Island Beach State Park
(-74°05’48.66W 39°48’40.00N).

Portions of Administrative Order Number 2012-10a signed by the DEP Commissioner on October 26, 2012, and all previous Administrative Orders or portions thereof that are inconsistent with this Order, are hereby superseded and repealed.

This Order shall take effect at sunrise (7:08 AM.) on January 29, 2013.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

Pursuant to statutory authority granted to the Department of Environmental Protection (DEP) at N.J.S.A. 58:24-2, and to ensure that the public health is not at risk from the consumption of shellfish that may have been subjected to pollution or other condition that may render the shellfish dangerous to health, by Administrative Order 2012-10A signed by the DEP Commissioner on October 26, 2012, effective immediately after sunrise on October 29, 2012, the Department closed all waters of the State to shellfish harvest because of potentially degraded water quality resulting from Hurricane Sandy.

The Department has determined, through monitoring of water quality and analysis of shellfish tissue, that the coastal waters of the Barnegat Bay north of Route 37 Bridge are now safe for the harvesting of shellfish in accordance with the Shellfish Growing Water Classification rules at N.J.A.C. 7:12. Accordingly, the Department hereby reopens the following waters and returns them to their prior classification:

All of the New Jersey State waters within Barnegat Bay north of the Route 37 bridge.

Portions of Administrative Order Number 2012-10a signed by the commissioner on October 26, 2012, and all previous Administrative Orders or portions thereof that are inconsistent with this Order, are hereby superseded and repealed.

This Order shall take effect at sunrise (7:15 A.M.) on December 21, 2012.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

Pursuant to statutory authority granted to the Department of Environmental Protection (DEP) at N.J.S.A. 58:24-2, and to ensure that the public health is not at risk from the consumption of shellfish that may have been subjected to pollution or other condition that may render the shellfish dangerous to health, by Administrative Order 2012-10A signed by the DEP Commissioner on October 26, 2012, effective immediately after sunrise on October 29, 2012, the Department closed all waters of the State to shellfish harvest because of potentially degraded water quality resulting from Hurricane Sandy.

The Department has determined, through monitoring of water quality and analysis of shellfish tissue, that the coastal waters of Sandy Hook Bay are now safe for the harvesting of shellfish in accordance with the Shellfish Growing Water Classification rules at N.J.A.C. 7:12. Accordingly, the Department hereby reopens the following waters and returns them to their prior classification:

All of the New Jersey State waters within the Sandy Hook Bay represented by the following depuration areas 1A, 1B, 1C, 2A, 2B, 2C, 10A, 10B, 10C, 10D, 10E, and 11D.

Portions of Administrative Order Number 2012-10a signed by the commissioner on October 26, 2012, and all previous Administrative Orders or portions thereof that are inconsistent with this Order, are hereby superseded and repealed.

This Order shall take effect at sunrise (7:12 A.M.) on December 15, 2012.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

Partial Re-Opening of Shellfish Waters to Shellfish Harvest: Navesink River and Shrewsbury River

Pursuant to statutory authority granted to the Department of Environmental Protection (DEP) at N.J.S.A. 58:24-2, and to ensure that the public health is not at risk from the consumption of shellfish that may have been subjected to pollution or other condition that may render the shellfish dangerous to health, by Administrative Order 2012-10A signed by the DEP Commissioner on October 26, 2012, effective immediately after sunrise on October 29, 2012, the Department closed all waters of the State to shellfish harvest because of potentially degraded water quality resulting from Hurricane Sandy.

The Department has determined, through monitoring of water quality and analysis of shellfish tissue, that the coastal waters of Navesink and Shrewsbury Rivers are now safe for the harvesting of shellfish in accordance with the Shellfish Growing Water Classification rules at N.J.A.C. 7:12. Accordingly, the Department hereby reopens the following waters and returns them to their prior classification:

All of the New Jersey State waters within the Navesink and Shrewsbury Rivers from point A located at 40º23'46.14"N 73º58'51.42"W to point B located at 40º23'45.32"N 73º58'38.89"W.

Portions of Administrative Order Number 2012-10a signed by the commissioner on October 26, 2012, and all previous Administrative Orders or portions thereof that are inconsistent with this Order, are hereby superseded and repealed.

This Order shall take effect at sunrise (7:06 A.M.) on December 8, 2012.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

Pursuant to statutory authority granted to the Department of Environmental Protection at N.J.S.A. 58:24-2, and to ensure that the public health is not at risk from the consumption of shellfish that may have been subjected to pollution or other condition that may render the shellfish dangerous to health, by Administrative Order 2012-10A signed by me on October 26, 2012, effective immediately after sunrise on October 29, 2012, the Department closed all waters of the State to shellfish harvest because of potentially degraded water quality resulting from Hurricane Sandy.

The Department has determined, through monitoring of water quality and analysis of shellfish tissue, that the coastal waters of Atlantic and Cape May Counties are now safe for the harvesting of shellfish in accordance with the Shellfish Growing Water Classification rules at N.J.A.C. 7:12. Accordingly, the Department hereby reopens the following waters and returns them to their prior classification:

All of the New Jersey State waters of Atlantic and Cape May Counties from Little Egg Inlet to Cape May Point.

Portions of Administrative Order Number 2012-10a signed by the commissioner on October 26, 2012, and all previous Administrative Orders or portions thereof that are inconsistent with this Order, are hereby superseded and repealed.

This Order shall take effect at sunrise (6:42 A.M.) on November 15, 2012.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

Partial Re-Opening of Shellfish Waters to Shellfish Harvest: Prohibited waters of the Atlantic Ocean for the harvest of surf clams under the Bait Program

Pursuant to statutory authority granted to the Department of Environmental Protection at N.J.S.A. 58:24-2, and to ensure that the public health is not at risk from the consumption of shellfish that may have been subjected to pollution or other condition that may render the shellfish dangerous to health, by Administrative Order 2012-10A signed by me on October 26, 2012, effective immediately after sunrise on October 29, 2012, the Department closed all waters of the State to shellfish harvest because of potentially degraded water quality resulting from Hurricane Sandy.

The Department hereby reopens prohibited waters in the Atlantic Ocean for the harvest of surf claims under the Bait Program, in accordance with N.J.A.C. 7:12-9.4. Harvesters must possess a currently valid Surf Clam Bait Permit No. 2a issued by the Bureau of Marine Water Monitoring. Surf clams harvested under this permit are for bait only, and not for human consumption.

Portions of Administrative Order Number 2012-10a signed by the commissioner on October 26, 2012, and all previous Administrative Orders or portions thereof that are inconsistent with this Order, are hereby superseded and repealed.

This Order shall take effect immediately.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

Pursuant to statutory authority granted the Department of Environmental Protection at N.J.S.A. 13:1B-4 and 58:24-1 et seq., and to assure that the public health is not at risk from the consumption of shellfish which may have been subjected to pollution or other conditions which may render shellfish dangerous to health, the Department closed all waters of the State to shellfish harvest because of potential degraded water quality resulting from Hurricane Sandy.

The Department has determined through monitoring of water quality and shellfish tissue that the Delaware Bay of New Jersey is now safe for the harvesting of shellfish in accordance with N.J.A.C. 7:12 et seq. The prohibition is now lifted on the waters listed below and they are returned to their prior classification, effective sunrise on November 12, 2012.

Specifically the areas involved with this partial re-opening include:

All of the New Jersey state waters of the Delaware Bay.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

Department of Environmental Protection Commissioner Bob Martin today issued an Administrative Order temporarily closing state waters to shellfish harvesting effective sunrise Monday as a precaution due to expected heavy rainfall from Hurricane Sandy.

The precautionary closure affects more than 720,000 acres of commercial shellfish beds in the state’s ocean waters and estuaries as well as all recreational harvesting. Bivalves in these beds such as clams, oysters and mussels are filter feeders that can accumulate harmful bacteria carried into waterways.

The DEP will continue to monitor the storm’s track and will make further determinations as necessary. The harvest ban applies only to shellfish such as clams, oysters, mussels, scallops, etc. and does not apply to crustaceans, such as crabs. If the storm doesn’t hit as predicted, the administrative order will be immediately revoked.

The DEP works with the New Jersey Department of Health and U.S. Food and Drug Administration to ensure that shellfish are safely harvested in state waters. The DEP monitors, classifies and enforces shellfish regulations in 425,830 acres of estuarine beds and 295,857 acres of ocean beds.

The program oversees a certification program which requires all wholesale shellfish dealers to handle, process, and ship shellfish under sanitary conditions and maintain records verifying that the shellfish were obtained from approved areas.

On November 4, 2011 the Department issued an emergency closure of 94.5 acres of seasonally approved waters to shellfish harvest, pursuant to statutory authority granted the Department of Environmental Protection at N.J.S.A. 13:1B-4 and 58:24-1 et seq., to assure that the public health was not imperiled by the consumption of shellfish that may have been subject to degraded water quality from the dewatering of dredge spoils in the vicinity of the Little Egg Harbor Yacht Club (permit #1503-07-0006.1) Beach Haven, Ocean County.

The Department has determined that the 94.5 acres of waters in question are now safe for the harvesting of shellfish in accordance with N.J.A.C. 7:12 et seq., and I therefore revoke the prohibition, returning these waters to their prior classification of Seasonally Approved effective immediately. Specifically the areas involved with this re-opening include:

All New Jersey state waters contained within an area originating from a point of land at the end of Amber St, Beach Haven (74º14'47.96"W, 39º33'52.05"N) heading west to the northern most point of land of the upper Mordecai Island (74º14'56.70"W, 39º33'52.40"N), then following the western shoreline of upper Mordecai Island in a southerly direction, then crossing a channel from a point of land at 74º15'4.71"W, 39º33'39.21"N to a point of land at 74º15'6.78"W, 39º33'35.34"N and following the western shoreline of lower Mordecai Island in a southerly direction to a point of land on lower Mordecai Island (74º15'15.34"W, 39º33'19.74"N), and then crossing the Intercoastal Waterway to a point of land near the western end of Leeward Ave., Beach Haven (74º15'20.80"W, 39º33'16.42"N) then following the shoreline of Long Beach Island back to the original point of land at the end of Amber St., Beach Haven (74º14'47.96"W, 39º33'52.05"N).

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A. 13:1B-4 and 58:24-1 et seq., and to assure that the public health is not imperiled by the consumption of shellfish that may have been subject to pollution or to any other conditions which may render shellfish dangerous to health because of degraded water quality resulting from a broken forcemain inside the Ocean County Utilities Authority, OCUA, pump station in Ocean County, the Department condemned and prohibited the harvesting of all shellfish from those State waters previously classified as Seasonally Approved in the State of New Jersey. Specifically the areas involved with this re-opening include:

The waters of Tuckerton Cove between a location on Gaunt Point situated on the eastern bank of Tuckerton Cove at the terminus of S. Green St. with coordinates of latitude 39 degrees 34 minutes 35.9 seconds N., and longitude 74 degrees 19 minutes 53.1 seconds W., and then bearing 229 degrees T for 0.45 nautical miles to a point on the western bank with coordinates of latitude 39 degrees 34 minutes 18.7 seconds N., and longitude 74 degrees 20 minutes 19.2 seconds W., then in a northern direction for 0.20 nautical miles along the western shoreline to a point with coordinates of latitude 39 degrees 34 minutes 28.8 seconds N., and longitude 74 degrees 20 minutes 19.3 seconds W., then bearing 050 degrees T for 0.34 nautical miles to a point on the eastern bank with coordinates of latitude 39 degrees 34 minutes 41.7 seconds N., and longitude 74 degrees 19 minutes 58.8 seconds W.

As provided for in the aforementioned prohibition, having determined through bacteriophage tissue analysis that the waters set forth of New Jersey are now safe for the harvesting of shellfish in accordance with N.J.A.C. 7:12et seq., the prohibition is revoked, returning these waters to their prior classification of Seasonally Approved, effective immediately.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

Public Notice of the Suspension of Harvest from Shellfish Beds Dangerous to Health

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A. 13:1B-4 and 58:24-1 et seq., and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to pollution or to any other conditions which may render shellfish dangerous to health because of degraded water quality resulting from a broken forcemain inside the Ocean County Utilities Authority, OCUA, pump station in Ocean County. The Department hereby condemns and prohibits the harvesting of all shellfish from those State waters previously classified as Seasonally Approved waters of the Little Egg Harbor area, specifically:

The waters of Tuckerton Cove between a location on Gaunt Point situated on the eastern bank of Tuckerton Cove at the terminus of S. Green St. with coordinates of latitude 39 degrees 34 minutes 35.9 seconds N., and longitude 74 degrees 19 minutes 53.1 seconds W., and then bearing 229 degrees T for 0.45 nautical miles to a point on the western bank with coordinates of latitude 39 degrees 34 minutes 18.7 seconds N., and longitude 74 degrees 20 minutes 19.2 seconds W., then in a northern direction for 0.20 nautical miles along the western shoreline to a point with coordinates of latitude 39 degrees 34 minutes 28.8 seconds N., and longitude 74 degrees 20 minutes 19.3 seconds W., then bearing 050 degrees T for 0.34 nautical miles to a point on the eastern bank with coordinates of latitude 39 degrees 34 minutes 41.7 seconds N., and longitude 74 degrees 19 minutes 58.8 seconds W.

This prohibition shall take effect immediately and continue until further notice.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

Public Notice of the Suspension of Harvest from Shellfish Beds Dangerous to Health

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A. 13:1B and 58:24-1 et seq., and at N.J.A.C. 7:12-1.5(a) and (b), and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to pollution or to any other conditions which may render shellfish dangerous to health because of degraded water quality due to dredge spoils resulting from the maintenance dredging in the vicinity of the Little Egg Harbor Yacht Club, Permit #1503-07-0006.1, the Department hereby suspends harvest of all shellfish, from State waters previously classified as Seasonally Approved, located in the Barnegat Bay, specifically as described below:

All New Jersey state waters contained within an area originating from a point of land at the end of Amber St, Beach Haven (74º14'47.96"W, 39º33'52.05"N) heading west to the northern most point of land of the upper Mordecai Island (74º14'56.70"W, 39º33'52.40"N), then following the western shoreline of upper Mordecai Island in a southerly direction, then crossing a channel from a point of land at 74º15'4.71"W, 39º33'39.21"N to a point of land at 74º15'6.78"W, 39º33'35.34"N and following the western shoreline of lower Mordecai Island in a southerly direction to a point of land on lower Mordecai Island (74º15'15.34"W, 39º33'19.74"N), and then crossing the Intercoastal Waterway to a point of land near the western end of Leeward Ave., Beach Haven (74º15'20.80"W, 39º33'16.42"N) then following the shoreline of Long Beach Island back to the original point of land at the end of Amber St., Beach Haven (74º14'47.96"W, 39º33'52.05"N).

This prohibition shall take effect immediately and continue until further notice.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A 13:1B-4 and 58:24-1 et seq., and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to pollution or to any other conditions which may render shellfish dangerous to health because of degraded water quality resulting from exceptional rainfall conditions from Hurricane Irene and the resulting impact on the waters of the State of New Jersey, the Department condemned and prohibited the harvesting of all shellfish from those State waters previously classified as Approved, Seasonally Approved and Special Restricted in the State of New Jersey.

As provided for in the aforementioned prohibition, having determined through sample monitoring that specific Approved, Seasonally Approved and Special Restricted waters of the Delaware Bay of New Jersey are now safe for the harvesting of shellfish in accordance with N.J.A.C. 7:12 et seq., the prohibition is now revoked on the waters listed below; they are returned to their prior classification, effective immediately.

Specifically the areas involved with this partial re-opening include:

All of the New Jersey state waters of the Delaware Bay starting from Ben Davis Point at Latitude 39 degrees 17 minutes 36.564 seconds N, Longitude -75 degrees 17 minutes 21.552 seconds W, southwest bound through sampling stations 3800F at Latitude 39 degrees 17 minutes 0.42 seconds N, Longitude -75 degrees 18 minutes 4.68 seconds W, and station 3800 at Latitude 39 degrees 15 minutes 30.42 seconds N, Longitude -75 degrees 19 minutes 52.716 seconds W, to a point on the New Jersey/Delaware state boundary line at Latitude 39 degrees 15 minutes 10.158 seconds N, Longitude -75 degrees 20 minutes 17.038 seconds W, then following the New Jersey/Delaware boundary line northwest bound to a point at Latitude 39 degrees 27 minutes 3.65 seconds N, Longitude -75 degrees 33 minutes 9.05 seconds W, then northeast bound to the southern dome at the Salem Nuclear Power Plant, then following the shoreline to the point of origin and terminating.

This re-opening means that all New Jersey waters are now back to their prior classification following the closure because of degraded water quality resulting from exceptional rainfall conditions from Hurricane Irene.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A 13:1B-4 and 58:24-1 et seq., and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to pollution or to any other conditions which may render shellfish dangerous to health because of degraded water quality resulting from exceptional rainfall conditions from Hurricane Irene and the resulting impact on the waters of the State of New Jersey, the Department condemned and prohibited the harvesting of all shellfish from those State waters previously classified as Approved, Seasonally Approved and Special Restricted in the State of New Jersey.

As provided for in the aforementioned prohibition, having determined through sample monitoring that specific Approved, Seasonally Approved and Special Restricted waters of a portion of the Delaware Bay of New Jersey are now safe for the harvesting of shellfish in accordance with N.J.A.C. 7:12 et seq., the prohibition is now revoked on the waters listed below; they are returned to their prior classification, effective immediately.

This re-opening applies ONLY to the shellfish waters specified above. This re-opening does not include the New Jersey Delaware Bay shellfish waters north of the line specified above, which will continue to be closed until FURTHER NOTICE.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

The Department of Environmental Protection has agreed to allow the NY/NJ Baykeeper to set up an oyster research project in contaminated waters in the Hudson-Raritan Estuary in a security zone under the protection of U.S. Navy security personnel.

The oyster project would be set up in the waters of Naval Weapons Station Earle, at its pier in Leonardo (Monmouth County), a plan that has the approval of the Navy and the U.S. Food and Drug Administration (FDA).

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A 13:1B-4 and 58:24-1 et seq., and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to pollution or to any other conditions which may render shellfish dangerous to health because of degraded water quality resulting from exceptional rainfall conditions from Hurricane Irene and the resulting impact on the waters of the State of New Jersey, the Department condemned and prohibited the harvesting of all shellfish from those State waters previously classified as Approved, Seasonally Approved and Special Restricted in the State of New Jersey.

As provided for in the aforementioned prohibition, having determined through sample monitoring that specific Approved, Seasonally Approved and Special Restricted waters of the Delaware Bay of New Jersey are now safe for the harvesting of shellfish in accordance with N.J.A.C. 7:12 et seq., the prohibition is now revoked on the waters listed below; they are returned to their prior classification, effective immediately.

Specifically the areas involved with this partial re-opening include:

All of the New Jersey waters of the Delaware Bay south of a line from Beadon Point through the Cross Ledge lighthouse at Latitude 39.1627089, Longitude -75.236464, to the state boundary line.

This re-opening applies ONLY to the shellfish waters specified above. This re-opening does not include the New Jersey Delaware Bay shellfish waters north of the line specified above, which will continue to be closed until FURTHER NOTICE.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A 13:1B-4 and 58:24-1 et seq., and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to pollution or to any other conditions which may render shellfish dangerous to health because of degraded water quality resulting from exceptional rainfall conditions from Hurricane Irene and the resulting impact on the waters of the State of New Jersey, the Department condemned and prohibited the harvesting of all shellfish from those State waters previously classified as Approved, Seasonally Approved and Special Restricted in the State of New Jersey.

As provided for in the aforementioned prohibition, having determined through sample monitoring that specific Approved, Seasonally Approved and Special Restricted waters of the coastal areas of New Jersey are now safe for the harvesting of shellfish in accordance with N.J.A.C. 7:12 et seq., the prohibition is now revoked on the waters listed below; they are returned to their prior classification, effective immediately.

Specifically the areas involved with this partial re-opening include:

All of the waters north of and including the Metedeconk River through the Raritan and Sandy Hook Bays.

This re-opening applies ONLY to the shellfish waters specified above. This re-opening does not include the shellfish waters of the Delaware Bay, which will continue to be closed until FURTHER NOTICE.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A 13:1B-4 and 58:24-1 et seq., and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to pollution or to any other conditions which may render shellfish dangerous to health because of degraded water quality resulting from exceptional rainfall conditions from Hurricane Irene and the resulting impact on the waters of the State of New Jersey, the Department condemned and prohibited the harvesting of all shellfish from those State waters previously classified as Approved, Seasonally Approved and Special Restricted in the State of New Jersey.

As provided for in the aforementioned prohibition, having determined through sample monitoring that specific Approved, Seasonally Approved and Special Restricted waters of the coastal areas of New Jersey are now safe for the harvesting of shellfish in accordance with N.J.A.C. 7:12 et seq., the prohibition is now revoked on the waters listed below; they are returned to their prior classification.

Specifically the areas involved with this partial revocation include:

All of the coastal back bay waters south of the Metedeconk River to Cape May Point as well as all of the ocean waters of the State of New Jersey.

This revocation applies ONLY to the shellfish waters specified above. All other Approved, Seasonally Approved and Special Restricted waters of the State of New Jersey will continue to be closed until FURTHER NOTICE. Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

Public Notice of the Closure of Shellfish Beds Dangerous to Health
According to the National Weather Service Center

Hurricane Irene is on it path toward
the northeast and will pass the State of New Jersey early Sunday morning (August 28,
2011). Forecast models predict precipitation between 6 - 12 inches, hurricane force winds
and storm surges up to 9 feet above high tide along the coast. This predicted precipitation,
high winds and storm surge will likely result in significant flooding, power outages, sewage bypasses and sanitary sewer overflows resulting in degraded water quality.
Pursuant to statutory authority granted the Department of Environmental Protection
appearing at N.J.S.A. 13:1B-4 and 58:24-1 et seq., and to assure that the public health is
not imperiled by the consumption of shellfish that may be subject to pollution or to any
other conditions which may render shellfish dangerous, the Department hereby condemns
and prohibits the harvesting of all shellfish from the following waters:
All waters of the State of New Jersey

This prohibition shall take effect immediately after sunset (7:36 pm) on Saturday, August
27, 2011 and continue until FURTHER NOTICE.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

Public Notice of Revocation of Condemnation of Shellfish Beds Dangerous to Health

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A 13:1B-4 and 58:24-1 et seq., and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to pollution or to any other conditions which may render shellfish dangerous to health because of degraded water quality resulting from a release of sewage from a broken sewer line into the waters of Lakes Bay and Shelter Island Bay in Atlantic County,the Department condemned and prohibited the harvesting of all shellfish from those State waters previously classified as Approved waters of the Lakes Bay area, specifically:

All the Approved waters of Lakes Bay North of the Margate Bridge, (Rt. 662).

As provided for in the aforementioned prohibition, having determined through sample monitoring that the waters described above are now safe for the harvesting of shellfish, the prohibition is now revoked, returning these waters to their prior classification effective on August 16, 2011.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

Public Notice of the Suspension of Harvest from Shellfish Beds Dangerous to Health

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A. 13:1B-4 and 58:24-1 et seq., and to assure that the public health is
not imperiled by the consumption of shellfish that may be subject to pollution or to any
other conditions which may render shellfish dangerous to health because of degraded water
quality resulting from a release of sewage from a broken sewer line into the waters of
Lakes Bay and Shelter Island Bay in Atlantic County. The Department hereby condemns
and prohibits the harvesting of all shellfish from those State waters previously classified as
Approved waters of the Lakes Bay area, specifically:

All the Approved waters of Lakes Bay North of the Margate Bridge, (Rt. 662).

This prohibition shall take effect immediately and continue until FURTHER NOTICE.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

The Department of Environmental Protection (Department) has adopted amendments to the Shellfish Growing
Water Classification rules at N.J.A.C. 7:12 that reclassify shellfish waters based on water quality surveys conducted by
the Department's Bureau of Marine Water Monitoring, modify the provisions regarding immediate temporary
suspensions of harvest to provide that temporary restrictions may be imposed short of suspension, and to include the
annually updated Vibrio parahaemolyticus (a pathogen that infects oysters and can cause illness when the oysters are
consumed) management plan as a basis for suspending or restricting shellfish harvest. The amendments also specifically
include restoration of shellfish beds among activities for which special scientific collection permits may be issued to
collect shellfish from other than Approved waters, and require the Shellfish Resource Recovery Steering Committee to
review applications for scientific collection permits and make a recommendation to the Commissioner. The
reclassifications result in a total upgrade of approximately 1,381 acres of shellfish waters and a total downgrade of
approximately 293 acres of shellfish waters, resulting in a net upgrade of approximately 1,088 acres of shellfish waters (see below table).
The notice of proposal was published in the New Jersey Register on December 21, 2009, at 41 N.J.R. 4598(a). The
comment period closed on February 19, 2010. The
adopted amendments were published in the New Jersey
Register on January 3, 2011. See the NJDEP Rule and Regulations page for the latest official copy.

Summary of Classification Changes (Click on table to zoom in):

*Classification of waters are made in accordance with the methods and criteria as described in the National Shellfish Sanitation Program “Guide for the Control of Molluscan Shellfish”.

Public Notice of the Suspension of Harvest from Shellfish Beds Dangerous to Health

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A. 13:1B and 58:24-1 et seq., and at N.J.A.C. 7:12-1.5(a) and (b), and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to pollution or to any other conditions which may render shellfish dangerous to health because of degraded water quality, the Department hereby suspends harvest of all shellfish, from State waters previously classified as Approved, located in the Atlantic Ocean east of South Seaside Park and Island Beach State Park, specifically as described below:

There are approximately 2174 acres of shellfish waters locatedeast of South Seaside Park and Island Beach State Park in the Atlantic Ocean, Ocean County, contained within an area originating from a point with coordinates of latitude 39 degrees 55 minutes 2.08 seconds N., longitude 74 degrees 4 minutes 31.11 seconds W., located East of the intersection of 8th and Ocean Avenues, Borough of Seaside Park. Then, bearing 095 degrees T to a point 1.67 nautical miles from the shoreline with coordinates of latitude 39 degrees 54 minutes 52.21 seconds N., longitude 74 degrees 2 minutes 21.70 seconds W.; then continues South at 183 degrees T., and parallel to the shoreline for 2.46 nautical miles to a point with coordinates of latitude 39 degrees 52 minutes 24.91 seconds N., longitude 74 degrees 2 minutes 34.10 seconds W.; then bears West at 277 degrees T for 1.82 nautical miles to a point with coordinates of latitude 39 degrees 52 minutes 38.09 seconds N., longitude 74 degrees 4 minutes 54.70 seconds W., where it terminates.

This prohibition shall take effect immediately and continue pending the establishment by rulemaking of the appropriate classification and boundaries of the waters as Prohibited.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

To see the official Notice and map (in PDF format) please, click here.

Vibrio parahaemolyticus is an organism that occurs naturally in coastal waters. It is not related to pollution, which means that traditional controls for shellfish sanitation related to growing water classification are marginally effective. Instead, the occurrence of this pathogen in elevated levels appears to be related to the interaction of environmental variables such as temperature, salinity, fresh water inflow to the bay and tidal flushing.

Every State from which shellfish are harvested shall conduct a Vibrio parahaemolyticus risk evaluation annually. The evaluation shall consider each of the factors above, including seasonal variations in the factors, in determining whether the risk of Vibrio parahaemolyticus infection from the consumption of oysters harvested from an area is reasonably likely to occur. Based on this assessment a plan for control measures is developed. The 2010 New Jersey Vibrio parahaemolyticus Management Plan is developed jointly by the New Jersey Department of Environmental Protection and the New Jersey Department of Health and Senior Services, in cooperation with, the US Food and Drug Administration and New Jersey's shellfish industry.

Revocation of Shellfish Waters in a portion of the Raritan Bay April 15, 2010

Public Notice of the Revocation of Condemnation of Shellfish Beds

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A. 13:1B-4 and 58:24-1 et seq., and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to pollution or to any other conditions which may render shellfish dangerous to health because of degraded water quality resulting from exceptional rainfall in the NY/NJ Harbor area and the resulting impact on the waters of Raritan Bay in Monmouth County, the Department condemned and prohibited the harvesting of all shellfish from those State waters that have the following sections designated under New Jersey’s Special Permit Program:

Sections 14 and 12B,

As provided in the aforementioned prohibition, having determined through sample monitoring that the waters described above are now safe for the harvesting of shellfish, the prohibition is revoked, returning these waters to their prior classification effective on April 15, 2010.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

To see the map and the official Notice (in PDF format) please, click here.

Closure of Shellfish Waters in a portion of the Raritan Bay April 1, 2010

Public Notice of the Closure of Shellfish Beds Dangerous to Health

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A. 13:1B-4 and 58:24-1 et seq., and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to pollution or to any other conditions which may render shellfish dangerous to health because of degraded water quality resulting from exceptional rainfall in the NY/NJ Harbor area and the resulting impact on the waters of Raritan Bay in Monmouth County, the Department hereby condemns and prohibits the harvesting of all shellfish from those State waters that have the following sections designated under New Jersey’s Special Permit Program:

Revocation of Shellfish Waters in the Middlesex and Monmouth County Area Effective March 27, 2010

Public Notice of the Revocation of Condemnation of Shellfish Beds

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A. 13.1B-4 and 58:24-1 et seq., and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to pollution or to any other conditions which may render shellfish dangerous to health because of degraded water quality resulting from exceptional rainfall in the NY/NJ Harbor area and the resulting impact on the waters of Raritan Bay, Sandy Hook Bay, Navesink River and Shrewsbury River in Monmouth County, the Department condemned and prohibited the harvesting of all shellfish from those State waters previously classified as Seasonally Approved and Special Restricted in the Middlesex County and Monmouth County area, specifically:

All waters of Raritan Bay, Sandy Hook Bay, the Navesink River and the Shrewsbury River.

As provided for in the aforementioned prohibition, having determined through sample monitoring that the waters of the Raritan Bay, Sandy Hook Bay, the Navesink River, and the Shrewsbury River are now safe for the harvesting of shellfish, the prohibition of these waters is revoked and the waters are returned to their prior classification as described at N.J.A.C 7:12 et seq., effective March 27, 2010.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

Closure of Shellfish Waters in the Middlesex and Monmouth County Area March 17, 2010

Public Notice of the Closure of Shellfish Beds Dangerous to Health

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A. 13.1B-4 and 58:24-1 et seq., and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to pollution or to any other conditions which may render shellfish dangerous to health because of degraded water quality resulting from exceptional rainfall in the NY/NJ Harbor area and the resulting impact on the waters of Raritan Bay, Sandy Hook Bay, Navesink River and Shrewsbury River in Monmouth County, the Department hereby condemns and prohibits the harvesting of all shellfish from those State waters previously classified as Seasonally Approved and Special Restricted in the Middlesex County and Monmouth County area, specifically:

All waters of Raritan Bay, Sandy Hook Bay, the Navesink River and the Shrewsbury River.

This prohibition shall take effect immediately and continue until FURTHER NOTICE.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

NOTE: THIS IS A COURTESY COPY OF THIS RULE PROPOSAL. THE OFFICIAL VERSION WILL BE PUBLISHED IN THE DECEMBER 21, 2009 NEW JERSEY REGISTER. SHOULD THERE BE ANY DISCREPANCIES BETWEEN THIS TEXT AND THE OFFICIAL VERSION OF THE PROPOSAL, THE OFFICIAL VERSION WILL GOVERN.

Notice of Rule Proposal
Proposed Amendments: N.J.A.C. 7:12

Public NoticeTake notice that the NJ Department of Environmental Protection is proposing amendments of N.J.A.C. 7:12. A statement of the substance of the proposal follows:

These regulations affect the classification of New Jersey waters concerning acceptability for harvesting shellfish.

The proposed amendments will result in the downgrade of approximately 293 acres of shellfish waters from Special Restricted to Prohibited in the following locations, (120 acres in the Navesink River, 150 acres in Branchport Creek, a tributary to the Shrewsbury River, and 23 acres in Tuckerton Creek). This proposal also includes the following upgrades: 1,050 acres of shellfish waters located in Keyport Harbor from Prohibited to Special Restricted; 110 acres located in Crook Horn Creek from Seasonal-November to April to Approved; and 221 acres in Sunset Lake from Special Restricted to Seasonal-January to April.

The Department is proposing to amend N.J.A.C. 7:12-3.2(a)20viii to accurately describe the location of the closure markings located at Cape Horn Creek in the Mullica River Great Bay area.

Additionally, the Department is proposing to amend language in section 7:12-1.5(d) to establish the Vibrio parahaemolyticus Management Plan. The Vibrio parahaemolyticus Management Plan serves as a document by which the Department establishes shellfish harvest control measures which can include restrictions on the hours of the harvest of shellfish as per the National Shellfish Sanitation Program, (NSSP), requirements to minimize the growth of the pathogen and consequently reduce the risk of illness for the protection of public health. Requirements implemented through the Vibrio parahaemolyticus Management Plan have been developed through consultation and cooperation with the New Jersey Department of Health and Senior Services, (DHSS), the NJDEP WM&S, Bureaus of Marine Water Monitoring, Division of Fish & Wildlife Shellfisheries and Marine Law Enforcement, and the U.S. Food and Drug Administration, (FDA).

The Department is proposing to amend N.J.A.C. 7:12-9.13 to include the restoration of shellfish beds as part of the scientific and non-human consumption program. The restoration of shellfish beds includes, among other activities, the gardening of shellfish for non-human consumption in an attempt to help restore shellfish to water areas where they have been depleted.

In addition, the Department is proposing to establish that the Shellfish Resource Recovery Steering Committee (SRRSC) will review all applications for a scientific collection permit. Following this review, the SRRSC will make a recommendation regarding the scientific collection permit application to the Commissioner of the Department or his or her designee. The premise underlying this review is to better ensure the safety of shellfish consumed in the State. The SRRSC consists of representatives from the WM&S, Bureau of Marine Water Monitoring, Division of Fish and Wildlife, Bureau of Marine Enforcement and Bureau of Shellfisheries and the New Jersey Department of Health and Senior Services, Food and Drug Safety Program.

The proposal is scheduled to be published in the New Jersey Register dated December 21, 2009. A copy of the proposal is available by contacting:

For the full version of the proposed amendments (in PDF format) please, click here.

Copies can also be obtained from LexisNexis Customer Service at (800) 223-1940 or www.lexisnexis.com/bookstore. Be advised that there may be a fee for obtaining a copy of the proposal from some sources.

NJ DEPARTMENT of ENVIRONMENTAL PROTECTIONLand Use Management
Water Monitoring & StandardsMarine Water Monitoring

Revocation of Shellfish Waters in Ingram Thorofare November 6, 2009

Public Notice of the Closure of Shellfish Beds Dangerous to Health

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A. 13.1B-4 and 58:24-1 et seq., and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to pollution resulting from the release of sewage from a broken sewer line into waters of Ingram Thorofare, Cape May County, the Department condemned and prohibited the harvesting of all shellfish from those State waters previously classified as Approved in the Avalon area, specifically:

All of the Approved waters of Ingram Thorofare and its tributaries south of Avalon Boulevard.

As provided in the aforementioned prohibition, having determined through monitoring that the waters described above are now safe for the harvesting of shellfish, I hereby revoke the prohibition, returning these waters to their prior classification effective on November 6, 2009.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

NJ DEPARTMENT of ENVIRONMENTAL PROTECTIONLand Use Management
Water Monitoring & StandardsMarine Water Monitoring

Closure of Shellfish Waters in Ingram Thorofare September 7, 2009

Public Notice of the Closure of Shellfish Beds Dangerous to Health

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A. 13.1B-4 and 58:24-1 et seq., and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to pollution resulting from the release of sewage from a broken sewer line into waters of Ingram Thorofare, Cape May County, the Department hereby condemns and prohibits the harvesting of all shellfish from those State waters previously classified as Approved in the Avalon area, specifically:

All of the Approved waters of Ingram Thorofare and its tributaries south of Avalon Boulevard.

This prohibition shall take effect immediately and continue until FURTHER NOTICE.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

NJ DEPARTMENT of ENVIRONMENTAL PROTECTIONLand Use Management
Water Monitoring & StandardsMarine Water Monitoring

Opening of Shellfish Waters in Jennys Creek and Little Thorofare August 21, 2009

Public Notice of the Opening of Shellfish Waters

The waters of Jennys Creek, (also known as Jimmies Creek), and Little Thorofare in Ocean County are hereby open for harvest, with the exception of waters adjacent to Cape Horn Marina, that are upstream from a straight line connecting two Department maintained markers located near the mouth of Cape Horn Marina, specifically:

The waters that will remain classified as Special Restricted are, all those waters of Cape Horn Marina and tributaries upstream of a line starting at a Department maintained marker located at the mouth of Jennys Creek with coordinates latitude 39 degrees 32 minutes 35.0 seconds N. and longitude 74 degrees 20 minutes 10.8 seconds W., then heading in an easterly direction to a Department maintained marker located at the mouth of the cove with coordinates of latitude 39 degrees 32 minutes 29.9 seconds N. and longitude 74 degrees 20 minutes 1.1 seconds W., and terminating.

Any questions can be directed to the Bureau of Marine Water Monitoring at (609) 748-2000.

NJ DEPARTMENT of ENVIRONMENTAL PROTECTIONLand Use Management
Water Monitoring & StandardsMarine Water Monitoring

Revocation of Shellfish Beds in the Navesink River April 11, 2009

Public Notice of the Revocation of Condemnation of Shellfish Beds

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A. 13.1B-4 and 58:24-1 et seq., and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to pollution resulting from the release of sewage from a malfunction in a sewer line into the waters of Claypit Creek and the Navesink River, Monmouth County, the Department condemned and prohibited the harvesting of all shellfish from those State waters previously classified as Special Restricted in Claypit Creek, Seasonally Approved in the Navesink River, and portions of the Special Restricted waters of the Navesink River, specifically:

All of the Seasonally Approved waters of the Navesink River, and the Special Restricted waters of Claypit Creek and the depuration program sections 5a and 5b of the Navesink River.

As providing in the aforementioned prohibition, having determined through sample monitoring that the waters described above are now safe for the harvesting of shellfish, the prohibition is revoked, returning these waters to their prior classification effective on April 12, 2009.

To see the official Revocation Notice (in PDF format) please, click here.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

April 8, 2009

NJ DEPARTMENT of ENVIRONMENTAL PROTECTIONLand Use Management
Water Monitoring & StandardsMarine Water Monitoring

Closure of Shellfish Beds in the Navesink River April 7, 2009

Public Notice of the Closure of Shellfish Beds Dangerous to Health

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A. 13.1B and 58:24-1 et seq., and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to pollution resulting from the release of sewage from a malfunction in a sewer line into the waters of Claypit Creek and the Navesink River, Monmouth County, the Department hereby condemns and prohibits the harvesting of all shellfish from those State waters previously classified as Special Restricted in Claypit Creek, Seasonally Approved in the Navesink River, and portions of the Special Restricted waters of the Navesink River, specifically:

All of the Seasonally Approved waters of the Navesink River, and the Special Restricted waters of Claypit Creek and the depuration program sections 5a and 5b of the Navesink River.

This prohibition shall take effect immediately and continue until FURTHER NOTICE.

To see the official Closure Notice and map (in PDF format) please, click here.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

February 17, 2009

NJ DEPARTMENT of ENVIRONMENTAL PROTECTIONLand Use Management
Water Monitoring & StandardsMarine Water Monitoring Public Notice of the Suspension of Harvest from Shellfish Beds Dangerous to HealthFebruary 9, 2009

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A. 13.1B and 58:24-1 et seq., and at N.J.A.C. 7:12-1.5(a) and (b), and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to pollution or to any other conditions which may render shellfish dangerous to health because of degraded water quality, the Department hereby suspends harvest of all shellfish, from those State waters located in the following locations. There are approximately 150 acres within the South Shrewsbury River, Branchport Creek and Troutmans Creek, approximately 120 acres in the Navesink River, and 23 acres located in Tuckerton Creek, all previously classified as Special Restricted.

There are approximately 120 acres of shellfish waters located in the Navesink River that will be reclassified from Special Restricted to Prohibited.

There are approximately 150 acres of shellfish waters located in the Shrewsbury River that will be reclassified from Special Restricted to Prohibited.

There are approximately 23 acres of shellfish waters located in Tuckerton Creek that will be reclassified from Special Restricted to Prohibited.

A total of 293 acres represents less than 0.1% of New Jersey's coastal waters. There is currently no significant harvest from any of these locations. However, the waters impacted by the downgrade in the Navesink River include the existing oyster reef that is part of the NY/NJ Baykeeper Shellfish Restoration Program.

The downgrades are based on the most recent three years of monitoring data and show declining water quality in these areas, primarily due to nonpoint source impacts related to rainfall. The impacted waters of the upper Navesink River may benefit in subsequent years from actions taken at the municipal level in 2008 to locate and address pollution sources. There is currently not sufficient data to assess the impact of these recent corrective actions.

To see the official Suspension Notice and maps (in PDF format) please, click here.

NJ DEPARTMENT of ENVIRONMENTAL PROTECTIONLand Use Management
Water Monitoring & StandardsMarine Water Monitoring Revocation of Suspension of Harvest from Shellfish Beds in Atlantic County

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A. 13:1B-4 and 58:24-1 et seq., and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to pollution or to any conditions which may render shellfish dangerous to health because of degraded water quality resulting from the release of sewage from a pump station into the waters of Lakes Bay in Atlantic County, the Department [of Environmental Protection] condemned and prohibited the harvesting of all shellfish (oysters, clams, and mussels only) from those State waters previously classified as Approved waters of the Lakes Bay area, specifically:

All the Approved waters of Lakes Bay and Shelter Island Bay that are north of the Margate-Northfield Boulevard (Rt. 662).

As provided for in the aforementioned prohibition, having determined through sampling monitoring that the waters described above are now safe for harvesting of shellfish, I [Leslie J. McGeorge] hereby revoke the prohibition, returning these waters to their prior classification effective on September 24, 2008.

To see the official Revocation Notice (in PDF format) please, click here.

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August 29, 2008

NJ DEPARTMENT of ENVIRONMENTAL PROTECTIONLand Use Management
Water Monitoring & StandardsMarine Water Monitoring Revocation of Suspension of Harvest from Shellfish Beds in Delaware Bay

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A. 13:1B-4 and 58:24-1 et seq., and in compliance with recent changes in the requirements of the National Shellfish Sanitation Program (NSSP), and in order to assure that the public health is not imperiled by the consumption of shellfish that may be subject to any conditions which may render shellfish dangerous to health due to the confirmation by the N.J. Department of Health and Senior Services of two Vibrio parahaemolyticus* illnesses from consumption of oysters from these waters, on August 19, 2008, the Department of Environmental Protection suspended the harvesting of all shellfish (oysters, clams, and mussels only) from those State waters previously classified as Approved or Seasonally Approved within the following area:

All of New Jersey's waters in the Delaware Bay that are northwest of a line from the East Point Lighthouse and bearing approximately 226 degrees T to Flashing Green 2.5 second "5" (FL G 2.5 sec "5") in the Maurice River Approach Channel, then bearing approximately 188 degrees T to Flashing Green 4 second "3" (FL G 4 sec "3"), then bearing approximately 171 degrees T to a point at Latitude 39 degrees 10 minutes 23.32 seconds N., Longitude 75 degrees 2 minutes 19.99 seconds W., then bearing approximately 270 degrees to Flashing 4 second 27 feet 7M southeast of Egg Island Point, then bearing approximately 275.6 degrees T to Elbow of Cross Ledge at Iso 6 second 61 feet 11M Horn.

As provided for in the aforementioned prohibition, having determined through the tissue monitoring that the shellfish meet the criteria for safe harvest recommended by the US Food and Drug Administration, Leslie J. McGeorge hereby revokes the harvest suspension, returning these waters to their prior classification effective on August 29, 2008. Please be advised that the harvest time (sunrise - noon) that became effective on July 25, 2008 remains in effect through September 5, 2008 for these waters.

*Vibrio parahaemolyticus is a bacterium that occurs naturally in coastal waters, and is not related to human waste or pollution. It thrives under warm temperatures and is typically linked to oysters and other seafood harvested and consumed raw during the summer months. It can cause illness, especially in people with compromised immune systems. Symptoms include diarrhea, nausea, vomiting, abdominal cramps and, less frequently, headache, fever and chills. On rare occasions, an infection in the bloodstream can occur.

To see the official Revocation Notice (in PDF format) please, click here.

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August 19, 2008

NJ DEPARTMENT of ENVIRONMENTAL PROTECTIONLand Use Management
Water Monitoring & StandardsMarine Water Monitoring

Public Notice of the Suspension of Harvest from Shellfish Beds in Delaware Bay Effective August 19, 2008

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A. 13:1B-4 and 58:24-1 et seq., and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to any conditions which may render shellfish dangerous to health due to the confirmation by the N.J. Department of Health and Senior Services of two Vibrio parahaemolyticus* illnesses from consumption of oysters from these waters, the Department of Environmental Protection hereby suspends the harvesting of all shellfish (oysters, clams, and mussels only) from those State waters previously classified as Approved or Seasonally Approved within the following area:

All of New Jersey's waters in the Delaware Bay that are northwest of a line from the East Point Lighthouse and bearing approximately 226 degrees T to Flashing Green 2.5 second "5" (FL G 2.5 sec "5") in the Maurice River Approach Channel, then bearing approximately 188 degrees T to Flashing Green 4 second "3" (FL G 4 sec "3"), then bearing approximately 171 degrees T to a point at Latitude 39 degrees 10 minutes 23.32 seconds N., Longitude 75 degrees 2 minutes 19.99 seconds W., then bearing approximately 270 degrees to Flashing 4 second 27 feet 7M southeast of Egg Island Point, then bearing approximately 275.6 degrees T to Elbow of Cross Ledge at Iso 6 second 61 feet 11M Horn.

This harvest prohibition took effect August 19, 2008 and shall remain in effect until further notice from the Department of Environmental Protection.

*Vibrio parahaemolyticus is a bacterium that occurs naturally in coastal waters, and is not related to human waste or pollution. It thrives under warm temperatures and is typically linked to oysters and other seafood harvested and consumed raw during the summer months. It can cause illness, especially in people with compromised immune systems. Symptoms include diarrhea, nausea, vomiting, abdominal cramps and, less frequently, headache, fever and chills. On rare occasions, an infection in the bloodstream can occur.

About 130 square miles of Delaware Bay are affected by the temporary suspension of shellfish harvesting.

To see the official Closure Notice and map (in PDF format) please, click here.

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August 13, 2008

NJ DEPARTMENT of ENVIRONMENTAL PROTECTIONLand Use Management
Water Monitoring & StandardsMarine Water Monitoring

Public Notice of the Closure of Shellfish Beds Dangerous to Public Health

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A. 13:1B-4 and 58:24-1 et seq., and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to pollution or to any other conditions which may render shellfish dangerous to health because of degraded water quality resulting from the release of sewage from a broken sewer line into the waters of West Canal, Ventnor City, Atlantic County, the Department hereby condemns and prohibits the harvesting of all shellfish from those State waters previously classified as Approved waters of the Lakes Bay area, specifically:

All the Approved waters of Lakes Bay and Shelter Island Bay that are north of the Margate-Northfield Boulevard (Rt. 662).

This prohibition took effect August 10, 2008 and will continue until FURTHER NOTICE.

To see the official Closure Notice (in PDF format) please, click here.

Take
notice the Department of Environmental Protection is readopting, with amendments, the Shellfish Growing Water Classifications rules, N.J.A.C. 7:12, which describe the procedures for the establishment of areas of restricted shellfish harvest. The
adopted amendments were published in the New Jersey
Register on June 2, 2008. The adopted amendments modify the classifications of shellfish waters based on the water quality determined from the program’s annual marine water monitoring surveys. As a result of the marine water monitoring surveys, the Department is upgrading 886 acres of shellfish waters from Seasonally Approved to Approved and 67 acres from Prohibited to Seasonally Approved. The Department is downgrading 11 acres of shellfish waters from Approved to Special Restricted and 243 acres from Approved to Seasonally Approved. These adopted amendments will result in a total reclassification of approximately 1,207 acres of shellfish waters. Approximately 953 acres of shellfish waters will be upgraded, while approximately 254 acres of shellfish waters will be downgraded. The Department is also adopting an amendment that clarifies language pertaining to the accurate location of coastline along the Atlantic Ocean in the area of North Wildwood. For further information see the following links:

Take notice that the NJ Department of Environmental Protection is proposing to readopt with Amendments the Shellfish Growing Waters rules at N.J.A.C. 7:12. The Department has evaluated these rules, and has determined that they are necessary, reasonable, and proper for the purpose for which they were originally promulgated, and is proposing to readopt N.J.A.C. 7:12 with amendments, as discussed below. A statement of the substance of the proposal follows:

These regulations affect the classification of New Jersey waters concerning acceptability for harvesting shellfish.

The proposed amendments will result in the reclassification of approximately 1,207 acres of shellfish waters. Approximately 953 acres of shellfish waters will be upgraded, while approximately 254 acres of shellfish waters will be downgraded. A summary of the specific proposed amendments follows. N.J.A.C. 7:12‑1, Shellfish Growing Water Classification-Prohibited. The proposed amendment reclassifies waters in Old Turtle Thorofare (see N.J.A.C. 7:12-2.1(a)16v). The proposed amendments also clarifies and updates language pertaining to the accurate location of coastlines along the Atlantic ocean in the area of North Wildwood (see N.J.A.C. 7:12-2.1(a)20xi). N.J.A.C. 7:12‑3, Shellfish Growing Water Classification-Special Restricted. The proposed amendment downgrades 11 acres of shellfish waters southwest of False Egg Island Point in the Delaware Bay from Approved to Special Restricted, (see N.J.A.C. 7:12-3.2(a)32v).
N.J.A.C. 7:12‑4, Seasonally Approved Shellfish Growing Waters, (Approved November 1 through the following April 30 yearly, Special Restricted May 1 through October 31, yearly). The proposed amendments upgrade 90 acres of shellfish waters in the area of Reed Bay from Seasonal Nov. to Approved, (see N.J.A.C. 7:12-4.1(a)6ii) and upgrade 796 acres of shellfish waters in the area of Shelter Island Bay from Seasonal Nov. to Approved, (see N.J.A.C. 7:12-4.1(a)8i). The proposed amendment also upgrades 67 acres in Old Turtle Thorofare, from Prohibited to Seasonal Nov., (see N.J.A.C. 7:12-4.1(a)12iv). The proposed amendments downgrade 103 acres of shellfish waters in Sea Breeze in the Delaware Bay, (see N.J.A.C. 7:12-4.1(a)13ix), 130 acres of shellfish water in Bay Side in the Delaware Bay, ( see N.J.A.C. 7:12-4.1(a)13x), and 10 acres in Cherry Creek in the Delaware Bay, (see N.J.A.C. 7:12-4.1(a)13xi) from Approved to Seasonal Nov..

The proposal is scheduled to be published in the New Jersey Register dated January 22, 2008. A copy of the proposal is available by contacting:

Suspension of Harvest from Shellfish Beds New Jersey Department of Environmental Protection
Land Use Management
Water Monitoring & Standards
Bureau of Marine Water Monitoring

Public Notice of the Suspension of Harvest from Shellfish Beds Dangerous to Health
Effective August 30, 2007

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A. 13:1B and 58:24-1 et seq., and at N.J.A.C. 7:12-1.5(a) and (b), and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to pollution or to any other conditions which may render shellfish dangerous to health because of degraded water quality, the Department hereby suspends harvest of all shellfish, from those State waters located in the northern section of the Delaware Bay, previously classified as Approved, specifically as described in the below PDF documents. This prohibition shall take effect immediately and continue pending the establishment by rulemaking of the appropriate classification and boundaries of the waters as Prohibited, Special Restricted or Seasonal Special Restricted.

To see the official Suspension of Harvest Notice (in PDF format) please,
click here.
To see the official Suspension of Harvest Maps (in PDF format) please,
click here.

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May 3, 2007

Revocation of Shellfish Bed Closure New Jersey Department of Environmental Protection
Land Use Management
Water Monitoring & Standards
Bureau of Marine Water Monitoring

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A. 13:1B-4 and 58:24-1 et seq., and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to pollution or to any other conditions which may render shellfish dangerous to health because of degraded water quality resulting from exceptional rainfall in the NY/NJ Harbor area and the resulting impact on the waters of Raritan Bay, Sandy Hook Bay, Navesink River, and Shrewsbury River in Monmouth County, effective April 16, 2007, the Department condemned and prohibited the harvesting of all shellfish from those State waters previously classified as Seasonally Approved and Special Restricted in the Middlesex County and Monmouth County area.

As provided for in the aforementioned prohibition, having determined through sample monitoring that the waters of the Raritan Bay and a portion of Sandy Hook Bay (specified below) that were previously classified as Special Restricted are now safe for the harvesting of shellfish under New Jersey's Special Permit Program, the closure of these waters has been revoked and will return to their prior classification effective May 4, 2007. Specifically, the revocation applies to the Seasonally Approved waters of the Navesink River and Shrewsbury River and those waters in the Raritan Bay and Sandy Hook Bay that have the following section designations under New Jersey's Special Permit Program:

Sections 11, 12, 13, and 14 (see attached map).

These waters are in addition to the waters covered by the Partial Revocation order that was effective on April 25, 2007. Please be advised that while the Seasonally Approved waters of the Navesink River and Shrewsbury River return to their normal status effective May 4, 2007, these waters will not become harvestable until November 1, 2007 since these Seasonally Approved waters are normally closed to harvest from May through October.

To see the official Revocation Notice (in PDF format) please,
click here.
To see the official Revocation Map (in PDF format) please,
click here.

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April 25, 2007

Partial Revocation of Shellfish Bed Closure New Jersey Department of Environmental Protection
Land Use Management
Water Monitoring & Standards
Bureau of Marine Water Monitoring

On April 16, 2007, the Department closed the waters of Raritan Bay, Sandy Hook Bay, the Navesink River and the Shrewsbury River to shellfish harvesting. This closure was necessary due to degraded water quality resulting from exceptional rainfall and associated water quality problems that occurred on the days prior to April 16th.

Samples collected on April 18th showed all waters of Raritan Bay and Sandy Hook Bay were unacceptable for shellfish harvest. Subsequent samples on April 20th showed significant improvement and additional samples on April 22nd showed that coliform bacteria levels were now acceptable for harvest under the Special Permit Program for depuration harvest. As has been done for some previous spills, coliphage viral samples were collected and analyzed by the Bureau of Marine Water Monitoring. These showed acceptable levels in Sandy Hook Bay and in the Navesink River, but not in Raritan Bay. Based on these results, the Department is now revoking the closure order for a portion Sandy Hook Bay and for the Special Restricted waters of the Navesink River and Shrewsbury River (see attached). The partial revocation will be effective on Wednesday, April 25, 2007.

To see the official Partial Revocation Notice (in PDF format) please,
click here.

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April 16, 2007

Notice of Shellfish Bed Closure New Jersey Department of Environmental Protection
Land Use Management
Water Monitoring & Standards
Bureau of Marine Water Monitoring

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A. 13:1B-4 and 58:24-1 et seq., and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to pollution or to any other conditions which may render shellfish dangerous to health because of degraded water quality resulting from exceptional rainfall in the NY/NJ Harbor area and the resulting impact on the waters of Raritan Bay, Sandy Hook Bay, Navesink River, and Shrewsbury River in Monmouth County, the Department hereby condemns and prohibits the harvesting of all shellfish from those State waters previously classified as Seasonally Approved and Special Restricted in the Middlesex County and Monmouth County area, specifically:

All waters of Raritan Bay, Sandy Hook Bay, the Navesink River, and the Shrewsbury River

This prohibition shall take effect immediately and continue until FURTHER NOTICE.

To see the official Closure Notice (in PDF format) please,
click here.
To see a map of the closure (in PDF format) please,
click here.

Take notice that the NJ Department of Environmental Protection is proposing amendments of N.J.A.C. 7:12. A statement of the substance of the proposal follows:

These regulations affect the classification of New Jersey waters concerning acceptability for harvesting shellfish.

The proposed amendments will result in the downgrade of approximately 1,829 acres of shellfish waters from Approved to Special Restricted and 29 acres from Approved to Seasonally Approved for a total of 1,858 acres total to be downgraded. A summary of the specific proposed amendments follows. The proposed amendments will include two locations, one in Jarvis Sound, the other in the Maurice River Cove, where the regulations are being amended to include additional Department maintained markers. These markers have been placed in locations along the boundary lines separating different classifications of shellfish waters. With the additional markers there will be no change in shellfish water classification, it will just be a more efficient means of distinguishing the boundary lines between classifications.

The proposed amendments will result in a change to the Transplant Program located in the Special Permits section of the Regulations, 7:12-9.10. The following changes have been added to the Transplant Program listed as 7:12-9.10 Transplant Program, in the Shellfish regulations, to include seed clams as a part of the program.

The Department is proposing to amend N.J.A.C. 7:12-1.5 Emergency harvest suspension, by adding new language to clarify that the Department will immediately suspend harvest in any waters that at the time of sampling, do not meet the standards for the particular waters' classification, pending the establishment by rulemaking of the appropriate classification and boundaries of waters as prohibited, special restricted, seasonal special restricted, or approved under this chapter.

The proposal is scheduled to be published in the New Jersey Register dated April 2, 2007. A copy of the proposal is available by contacting:

Copies can also be obtained from LexisNexis Customer Service at (800) 833-9844 or
www.lexisnexis.com/store/us/. Be advised that there may be a fee for obtaining a copy of the proposal from some sources.

Revocation of Shellfish Bed Closure New Jersey Department of Environmental Protection
Land Use Management
Water Monitoring & Standards
Bureau of Marine Water Monitoring

New Jersey Department of Environmental Protection Commissioner Lisa P. Jackson revoked the shellfish bed closure in the Barnegat Bay that was made on April 19, 2006. Effective July 31, 2006, the waters of the Barnegat Bay that are 'east of the line beginning at Barnegat Pier, then bearing approximately 215 degrees T to Quick Green “38” north of Berkley Shores, then bearing approximately 221 degrees T to the most easterly point of land on the south bank of Potter Creek, then bearing approximately 182 degrees T to the northernmost point on the pier located on the northernmost point of land at Berkeley Island Park, then bearing approximately 18 degrees T in a northeasterly direction to the point of origin and terminating' return to their prior classification. See the notice of Revocation below.

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June 23, 2006

Clarification of Coordinates for the Shellfish Closure Line and the New York/New Jersey Boundary LineNew Jersey Department of Environmental Protection
Land Use Management
Water Monitoring & Standards
Bureau of Marine Water Monitoring

The New Jersey Shellfish Growing Area Classification regulations describe a line that separates Special Restricted waters from Prohibited waters in the western end of the Raritan Bay. In two locations within the New Jersey regulations, coordinates for the point of intersection of this line with the New Jersey/New York state line are provided. It has been determined that one description in the regulations is correct and the other is incorrect. To clarify this coordinate, a memorandum was sent out to all 2006 hard clam depuration permit holders and all depuration plants. To see a copy of this memorandum,
click here.

On May 22, 2006 the Bureau of Marine Water Monitoring celebrated the opening of the new Advanced Microbiology Laboratory. Lisa Jackson, NJDEP Commissioner was among those present to welcome the new lab to the existing facilities at Leeds Point, NJ. The analytical capabilities of the Advanced Microbiology Laboratory include:

Revocation of Shellfish Bed Closure
ENVIRONMENTAL PROTECTION
LAND USE MANAGEMENT

New Jersey Department of Environmental Protection Commissioner Lisa P. Jackson revoked the shellfish bed closure in the Delaware Bay that was made on April 25, 2006. Effective May 2, 2006, the waters of the Delaware Bay that are 'northwest of a line from the Egg Island Point bearing approximately 227 degrees T through Miah Maull Shoal Lightnow' return to their prior classification. See the notice of Revocation below.

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April 26, 2006

DEP ORDERS CLOSURE OF OYSTER BEDS IN DELAWARE BAY

ENVIRONMENTAL PROTECTION
LAND USE MANAGEMENT

Public Notice of the Closure of Shellfish Beds Dangerous to Health

New Jersey Department of Environmental Protection Commissioner Lisa P. Jackson this afternoon ordered the immediate closure of 110 square miles of Delaware Bay oyster beds, as state and federal authorities worked to clean up oil contamination that stretched from the Cohansey River to Egg Island.

Commissioner Jackson closed the 70,400-acre area to safeguard the public from consuming potentially tainted shellfish.

The prohibition on all shellfish harvesting applies specifically to all of New Jersey’s waters in the Delaware Bay that are northwest of a line from the Egg Island Point bearing approximately 227 degrees T through Miah Maull Shoal Light.

Commissioner Jackson's order will remain in effect until further notice.

Earlier, the U.S. Coast Guard responded to a 6:45 a.m. report that oil was spotted in the upper Delaware Bay. Late this afternoon, DEP crews and Delaware state environmental officials were on the water, working with the Coast Guard to clean up the six-mile narrow band of oil near the center of the bay in the mail shipping channel, east of Port Mahon in Kent County, Del.

Oil-skimming vessels were deployed to conduct recovery and cleanup operations.

Following is a map of the affected area.

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April 24, 2006

CLOSURE OF SHELLFISH BEDS

ENVIRONMENTAL PROTECTION
LAND USE MANAGEMENT

Public Notice of the Closure of Shellfish Beds Dangerous to Health

Pursuant to statutory authority granted the Department of Environmental Protection appearing at N.J.S.A 13:1B-4 and 58:24-1 et seq., and to assure that the public health is not imperiled by the consumption of shellfish that may be subject to pollution or to any other conditions which may render shellfish dangerous to health because of degraded water quality resulting from the release of treated sewage from a broken main into the waters of Barnegat Bay in Ocean County, the Department hereby condemns and prohibits the harvesting of all shellfish from those State waters previously classified as Approved in the Barnegat Bay area, specifically:

Those waters of Barnegat Bay east of the line beginning at Barnegat Pier, then bearing approximately 215 degrees T to Quick Green “38” north of Berkley Shores, then bearing approximately 221 degrees T to the most easterly point of land on the south bank of Potter Creek, then bearing approximately 182 degrees T to the northernmost point on the pier located on the northernmost point of land at Berkeley Island Park, then bearing approximately 18 degrees T in a northeasterly direction to the point of origin and terminating (see map below).

This prohibition shall take effect immediately and continue until FURTHER NOTICE.

Take
notice that the NJ Department of Environmental Protection
adopted the amendment to N.J.A.C. 7:12-2.1. The
adopted amendment was published in the New Jersey
Register on February 21, 2006.

These
regulations affect the classification of New Jersey waters
concerning acceptability for harvesting shellfish.

The adopted amendment downgraded a portion of the Atlantic
coastal area east of the effluent outfall for the Township
of Neptune Sewage Authority in Monmouth County (66 acres)
from Approved to Prohibited. The change in classification
was a result of the need for a precautionary buffer around
the Neptune Sewage effluent outfall pipe. This buffer
was necessary to maintain public health and safety practices.

Copies
can be obtained from LexisNexis Customer Service
at (800) 833-9844 or
www.lexisnexis.com/bookstore.
Be advised that there may be a fee for obtaining a copy.